The Portland daily press., 1887-10-20
BEFORE JUDGE WALTON.


WEDNEsDAY.-Mitchell IA. Chase. petitioner
fof mandamus, vs. Geo. F. Gould and Edwin l..
Dyer.
me hearing, was resumed at the coming in OF
EDWIN l. Dyer was recalled by the petitioner
ana tesllned that he .ndorsed upon the complaint
c nearing waived by the direction of Judge
Gould, which was not In accordance with what
witness then believed TO be the fact
Marshal Hawkes. testified: was present when
Chase IVA was araigned BY Recorder Dyer Chase
Gould asked Mr.. Meaher what he was going to 30
with the case: Meaher said, I'VE are ready for a
nearing. Judge Gould said the Court was in
possession OF the facts and had Witnessed the oc.
curfence, and he supposed there wouldn't be any
hearing. Upon that Mr.. Meaher said he objected
there was statute that gave him authority to do
So Then, Mr.. Meaher said, 1--WE will give bonds. !
soon after that the Judge handed down the papers
70 the recorder, who pronounced sentence of 500
nne and costs When 1 came into court that
morning, and saw Chase in the dock, asked
Ing he was under bail, and Croweli said he WAS in
there by the Judges order. did not hear Judge
Gould say he had the right to find Chase guilty
without giving him hearing.
Deputy Marshal Crowell testified; 1 saw Mr..
chase standing up In the court room a little ways
from a tne entrance to the court room. saw Mea-
bar, and the Judge told me to put him In the dock
where he belonged.
On cross-exanination: heard Judge Gould ask
MI. Meaner what ne was going TO do with the
case. MI. Meaher said he was ready for hear
fng. Judge Gould said, 81 didn't suppose there
would be any hearing, as the Court IS in posses
sion OF the facts and saw the assault" Then Mr.
Meaher objected 70 the Judge hearing the Case.
because he was witness. The Judge said the
thereupoS Mr.. Meaher said be would furnish Gais
bonds. Judge Gould did not claim the right TO
md Chase guilty without hearing.
TINS closed the testimony on the part OF the pc
TONER. Mr.: Libby made motion to dismiss the
petition ON the ground that by the testimony for
the petitioner II appears that whatever was done
20 INV Istdnr a al.
10 TACT a hearing was waved; and the testimony
shows that he was fairly led TO that conclusion.
Inc 9, Court SAD that from the testimony on the
md that the entry hearing waived'' was unmis-
takably an error on the part Of the judge He ov-
thereupon called as the first witness Judge Geo
+, Gould who testified substantially as follows;
On the morning OF September 20, 1 was passing
down congress street and saw Chase coming
around the corner on his hack. There were ten
or twelve small boys nine or ten years Of are
e gray ee y erer aha on me sidewalk Chase
down into the crowd, striking a boy perhaps sew
en- years odnn the neck and under the ear
was over On ai aSs The boy cried
room" He didn't stop stepped DOWN e r siSgi
his horse and said Il didn't Intend to iii tSe
boy" ut doesn't make any difference / saw
what you did, and you go TO the court roomn
train and If ! made him go to the court room they
would lose their train. l then told him Ia carry
his passengers and come back to the court room.
he SAID ne would. look the boy to the court
room and asked him his name. He staid until ia
o'clock and Chase did not appear. While Twas
making .,la out complaint gentleman employed in
the Union Mutual Insurance Company came in
and said that he saw the assault and wanted 10
knowh wished him to wait. told him no, /
would send for him If wanted him. Chase didu't
come to the court room and about 10 O'clock I
told Marshal Hawkes. to have Chase arrested and
saat as he nad lied e me he would probably lie TO
the last knew Ut the matter until i was In court
tne next morning. then directed Deputy Crowell
70 put him in the dock. Mr.; Meaher Immediately
hearing and appeal told him it was better TO
let the case take its usual course. He stepped
down "a ana spoke to Chase and then returned to
me ana tne conversation was substantially re-
until he was arraigned. He was "a" ar.
then asked Mr. Mesher what dis ps i hs wish
ed to make OF the case. He said, ave are re adv
i 10 "A, hearing" said. "Do you desire hearing
the facts for saw the entire transaction He
sald would your Honor hear a case that Won
might sann 20, % witness in?" said that as under
the case. "Then," said Mr. Meaher 1--WE Offer
sureties." Mr.. Dyer passed the warrants to me
ties $780, and passed it back to him saving to him
IN an audible tone to enter on it CLEARING
waived" now claimed the right or supposed
~ mac ,ne rgnt 70 ma Chase guilty without trial
On cross examination Judge Gould said: had
Chase. had no Ill feeling against him. ordered
Chase into the dock that morning because /
thought there was where he belonged; the pris-
oners' dock is the placefor prisoners / didn't
know he was under bail / didn't order him into
the dock because he had lied to me the day he
lore ht cant state how long he was in the dock,
DuL should think twenty or twenty-five minutes
Ihls closed the evidence. After some talk AS
20 Wnttner the court should decide the case or
law court i was finally decided to report the case
Judge Walton said II he was compelled to ind the
Iacts ne should md that the record is in error in
stating that hearing was waived. hut he was
satisned that 1t was perfectly honest mistake on
tne part OF the judge aud thathe acted from no
dishonest or Interior motive AVN nv